Standard for HIPAA Personal Representatives

Purpose

Scope

Standard

1. If an individual requesting the disclosure of PHI identifies themselves as a personal representative of an un-emancipated minor, the Ohio University staff member will ask about the individual’s relationship to the minor.
   1. If the individual confirms that they are:
      1. A parent, guardian, or other person acting in loco parentis; and
      2. In control of making health care decisions for the minor, and that they may be treated as the minor’s personal representative (except if the care involves mental health, substance abuse, family planning, or sexually transmitted diseases).
   2. If the care involves mental health, substance abuse, family planning, or sexually transmitted diseases, consult the HIPAA Privacy Officer as needed.
2. If an individual requesting the disclosure of PHI identifies themselves as a personal representative of an adult or emancipated minor, the Ohio University staff member will request documentation of personal representative status (for example, a Power of Attorney or Letter of Guardianship).
3. Ohio University will treat the administrator or executor of a deceased individual’s estate as a personal representative.
4. The Ohio University staff member will document of the identity of the personal representative and the supporting documentation.
5. Notwithstanding the above, Ohio University may elect not to treat a person as the personal representative of an individual if it is reasonable to believe that the individual has been or may be subjected to domestic violence, abuse, or neglect by such person, or if treating such person as the personal representative could endanger the individual, and/or Ohio University determines that it is not in the best interests of the individual to treat such person as a personal representative.